New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-28
BEFORE THE FINAL COURT.
ARGUMENTS IN TIRE ANARCHISTS CASE.
DISTINGUISHED COUNSEL ExPoUNDINa THE CON-
STITrTJON.
IBr TELEGRAPH TO THE rRrBuNE.I


Electoral Commission In 1877 has the Supreme Court
presented more crowded apI earance than 1t did
| to-day.
An hour before the regular opening Of tho court
o'o'' ioo' VI available room was taken uD bv motley
ciowo OF men and women. who had come to listen to
INC proceedings and argument in tho Anarchists cases
MOI ess than 600 people crowded Into tho aud the
halls outside packed with people who watei their
chance OF getting inside. Even the attorneys found
uimcuHS IN making their through tho crowd to
The seats allotted to them inside the bar.
Mt Solomon. one u the attorneys for the Anarchists
was the hrst person to take his within the
HIS long white hair and beard attracted attention
i've sat thcre alone leaning his gUll-hoaded
with his eyes thrown tho glldcd bird of liberty
lcrchol abdye The Chief Just co.'s char few minutes
before II O'Clock General PRYOR and Captain Black.
o'hcr counsel for tho Anarchists the private
stairway and entered tho courtroom through the
hafsha's office. Captain Black looked pa.o and
worried lis hair has whtencd rapidly these last
few weeks and General Pryor also seemed rather
nervous u,on this his first before tho Su-
pnme Court.
General Butler tho last 10 cnler Looking slcck
contcnted and sclfposscssel, he his full regala
TO VII claw hammer suit and red at his button
hole A. he smblcd into the courtroom. he took
sdunt al tne msrbo bss OF the Chief JUSTICES ranged
along the wo back Of the room. TEcn he critically
examined the live Just an with oak Of di point
ment In his weather oye, took scat Immediately in
front OF Chief Justice Waite For over an hour the
people In the courtroom were obliged to listen to
dry argument IN the Of the Now-Oreans Water
Works against sugar refinery.
II seemed though the counsel would get
through with their amumcnt. The Water Works
Company's lawyer tall. sharp featured man, with
gray hair and mIstache, seemed enjoy the disap
potnInent Of tho crowd His opponent looked willing
to lend him helping hand. Finally, however,,
they got through their task, closed their books.
sat0h nut heir In
and del There short bum OF excitement
and then pause, when the Chief Justice announced
that tho court ready to take up tho Anarchists
General Butler promptly and stated hs
connection with the case and that he represented two
Of the condemned Anarchists. J. Randolph Tucker
introduced himself counsel for tho whole lot and
announced that no was ready to open tho argument
on behalf " the petitioners. Afor few moments
OF consultation about the time to DO accorded counsel
Attorney General Hunt, Of Illinois, stated that not
knowing tho scope which opposing counsels argu-
mont might take, he could not say how much time
tho states counsel would require to answer The
finally decided to give each side three hours.
In accordance with this plan, three hours OF tho six
were divided by opposing counsel to day, J. Randolph
Tucker speaking for the Anarchists, and Attorney
General Hunt replying behalf u the state. At
t0rncy GTcrai Hunt lid not finished when tho
court adjourned, and Will continue his argument
morrow.
lie argued that II was net necessary that law OF
state should Ge ae,os,ey and on u; taeo unconstta
under II II law seemingly fair and Just OIL its face
should have put upon IL by the state courts con
sirnction contrary the Constitution that enough
10 give this court Jurisdiction
Mr Tucker then reviewed tue history OF the adoption
OF the NlNih Ancndment and said that although 1t WAS
originally intended to guarantee particularly tao rights
of the enfrAuchissi blacks. there reason why
white citizen. should not also enjoy The benefits OF ia
provisions Mr Incser qn't.d tho xiV!9 Amonamen,
law" !, seenes he sad to be very who're Conceded
one. peers The speaker continaci: '''N
"N Now. II have succeeded In shovins that duo pre-
cess OF law means TRIAL BY jury. the question arises:
Mr. Tucker ihen asserted that tho jury law the state
that the forming of opinion from reports
from newspaper accounts OF certain Transaction should
an aD' op Tr from sitns in Jnis@sn ca that
lr.n'act'os as Juror I've. although Inc
construction and administration II made to deny 10
The prIsoners the right of trial by fair and impartial
Jury thon such construction and administration cons
tnted tho law and naio IL unconstitutional The con
structon given to tho law IN this was different
from tho construction given to 1t In large number OF
other , cases In I'll: s,~: stat ad. ,v thu
fence at the trial To hs rulings o. Court In the matter
for trial 10 near evidence going to show that tho
bsilf had said that ;hs mon he had selected for the
rulings aud do,.ions OF the trial Court which had the
effect OF denying o>hc prisoners fair trial by an i'm
Turning then to another question raised By the case
the ord clause .. tho XVIII Amendment the effect
,aat mo state shall mako or enforce any law
which shall abridgs the privileges .: .mnun.
tiles Of citih--' Of the United s.ates." Among
tho privileges and 'mmunities" thus guar
antsed by the XIVta Amendment were no contenlsd,
these set forth in the FIRST ton amendments 10 tho Fed
era Constitution. such the rights OF citizens 10 bo
AGAINST unreasonable searches nnl sezvres" Uvth
Of tho With Amendment which provides that person
sns be e.npsed IN any eLmas ease 10 be witness
ties were carried forward and confirmed by the Xvth
III, !
cannot brought here II the xIyih Amendment makes
elude an those Of tho nr,t ten amendments.
Mr. Tucker said he would admit that It was new qus,
ton but he should Ike 10 argue t. Turning TO the 40
ton and ruling, OF the trial court Mr.. Tucker said that
.Sso who should s, os.
fer cause and that thereby there was Limitation OF tbs
he'd 10 BE- ' one Of the highest privileges Of
prisoner. "rhe last four Jurors" said Mr. Tucker.
had been exhausted In Que case oosctod distinctly
upon the ground ht tho ruling OF the court wasn VIOLA
The Chief Justice inquired In what part OF tho record
that appeared Mr. Tneksr.ald that /, vast the case OF
Mr. Tucker then referred 10 the seizure OF the letters
OF thom against him ~ evidence as basis for cross
eIaminaon and said that TINS was 10 violation OF the
not his court GO in sustaining rights OF tho
citizen II tails had occurred with the recently ehfran
chised slave. In the Sonth !" 1900
In conclusion Mr. Tucker said I'VE have q tight in
my judgment to tso wnt-to DO heard on tho question
compass tue conviction Of thsss men IL Il true they
said be Anarchists lf the Court asks whether
hayo any sympathy with thom have only 10 SAY that
the Court knows too well to suppose that have any
sympathy with those unhappy and Misguided men. But
thoy and they entitled to the same protec
iion that am The same Constitutions IS over us AL
ask Court 70 nerpose its shield and protect these
men. because may need 1t myself know no anarchy
brsad ir this liant which the American people need
fear, except anarchy In the admnl,irlon Of justice
ArrORSEY-GENERM HUNTS REPLY.
Mr. AttorncyGsncral Hunt then addressed tho court
behalf OF tho state aud In opposition to The motion for
writ OF lie said that 10 the first part OF his argu'
mont Mr. Tucker planted himself squaroly upon the
XVIII amendment, but In tho latter part he changed
ground lightly and insisted that the first ten imond
nents wero declarations OF individual rights, and then
that they were all In the provisions OF the
xIvtb Anne General Insisted that